JUDGEMENT
Mahesh Bhagwati, J. -
(1.) Challenge in this appeal is to the judgment
dated 25th April, 1997, rendered by Special Judge, Prevention of Corruption
Cases, Jaipur whereby the accused respondent Ranjeet Singh was acquitted
in the offences under Section 7/13 and Section 13(i)(d)(ii) of Prevention of
Corruption Act 1988 (hereinafter referred to as 'Act 1988').
(2.) The factual matrix of the case in nutshell is that PW.1 Krishna used to
supervise the agricultural land of his younger sister Panchi. With a view to aid
his sister, he purchased 2-1/4 bighas land from Ram Jachak in 12,000/- rupees
for her and got its registry done in the office of Nayab-Tehsildar Pushkar. The
registry of the land took place on the same day when the papers were filed in
the office. It is alleged that the concerned clerk Ranjeet Singh dealing with all
these registered documents did not issue the registry to him in routine.
Instead he solicited for a bribe of 360 rupees for releasing the registered
document. The complainant expressed his inability to give this amount on
account of his poverty but the accused stuck to his demand and told that
unless he gave 360 rupees to him, he would not hand over the registry. Finally,
the accused Ranjeet Singh agreed to accept a sum of Rs. 200/- in lieu of
releasing the registry. The complainant did not intend to grease the palm of
the accused, so he filed a complaint before the Additional Superintendent of
Police, Prevention of Corruption Department, Ajmer, who formulated a
scheme for entrapping the accused. Having undergone the laid procedure,
Shri N.K. Tripathi, Dy. S.P. Prevention of Corruption Department, Post Ajmer,
laid a trap and recovered the bribe amount of Rs. 200/- from Raju @ Rajendra,
the son of the accused. During interrogation, it emerged that the decoy gave
the bribe amount of Rs. 200/- to Raju @ Rajendra at the instance of the
accused Ranjeet Singh at his residence. Hence, the Dy. S.P. ACD arrested the
accused Ranjeet Singh, prepared the seizure report and sent the detailed
report to CPC Prevention of Corruption Department, Jaipur upon which Ex.
P/18 was lodged and investigation commenced.
(3.) The Investigation Officer recorded the statements of the witnesses
acquainted with the facts and circumstances of the case, took the relevant
documents pertaining to the transfer and posting orders of the accused on
record, obtained sanction from District Magistrate Ajmer to prosecute the
accused and after usual investigation sent the accused Ranjeet Singh for trial
to the Court of the Special Judge, Prevention of Corruption Cases, Jaipur.;
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